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42 U.S.C. 7401 et seq.
57 FR 61992, Dec. 29, 1992, unless otherwise noted.
68 FR 70928, Dec. 19, 2003, unless otherwise noted.
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Subscribe to: 40 CFR Part 63 Subpart IIIII - What This Subpart Covers
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This subpart establishes national emission standards for hazardous air pollutants (NESHAP) for affected sources at mercury cell chlor-alkali plants. This subpart also establishes requirements to demonstrate initial and continuous compliance with all applicable emission limitations and work practice standards in this subpart.
[87 FR 27018, May 6, 2022]
(a) You are subject to this subpart if you own or operate a mercury cell chlor-alkali plant.
(b) You are required to obtain a title V permit, whether your affected source is a part of a major source of hazardous air pollutant (HAP) emissions or a part of an area source of HAP emissions. A major source of HAP is a source that emits or has the potential to emit any single HAP at a rate of 10 tons or more per year or any combination of HAP at a rate of 25 tons or more per year. An area source of HAP is a source that has the potential to emit HAP but is not a major source. Nothing in this subpart revises how affected sources are aggregated for purposes of determining whether an affected source is a part of an area, nonmajor, or major source under any provisions of the Clean Air Act (CAA) or EPA's regulations. For information on aggregating affected sources to determine what is a source under title V, see the definition of major source in 40 CFR 70.2, 71.2 and 63.2.
(c) Beginning on December 19, 2006, the provisions of subpart E of 40 CFR part 61 that apply to mercury cell chlor-alkali plants, which are listed in paragraphs (c)(1) through (3) of this section, are no longer applicable.
(1) § 61.52(a);
(2) § 61.53(b) and (c); and
(3) § 61.55(b), (c) and (d).
[68 FR 70928, Dec. 19, 2003, as amended at 87 FR 27018, May 6, 2022]
(a) This subpart applies to each affected source at a plant site where chlorine and caustic are produced in mercury cells. This subpart applies to two types of affected sources: the mercury cell chlor-alkali production facility, as defined in paragraph (a)(1) of this section; and the mercury recovery facility, as defined in paragraph (a)(2) of this section.
(1) The mercury cell chlor-alkali production facility designates an affected source consisting of all cell rooms and ancillary operations used in the manufacture of product chlorine, product caustic, and by-product hydrogen at a plant site. This subpart covers mercury emissions from by-product hydrogen streams and end box ventilation system vents, mercury fugitive emissions associated with cell rooms, hydrogen systems, caustic systems, and storage areas for mercury-containing wastes; and chlorine fugitive emissions associated with the mercury cell chlor-alkali production facility.
(2) The mercury recovery facility designates an affected source consisting of all processes and associated operations needed for mercury recovery from wastes at a plant site. This subpart covers mercury emissions from mercury thermal recovery unit vents and fugitive emission sources of mercury associated with storage areas for mercury-containing wastes.
(b) An affected source at your mercury cell chlor-alkali plant is existing if you commenced construction of the affected source before July 3, 2002.
(c) A mercury recovery facility is a new affected source if you commence construction or reconstruction of the affected source after July 3, 2002. An affected source is reconstructed if it meets the definition of “reconstruction” in § 63.2.
[68 FR 70928, Dec. 19, 2003, as amended at 87 FR 27018, May 6, 2022]
(a) If you have an existing affected source, you must comply according to the dates specified in paragraphs (a)(1) through (5) of this section, as applicable.
(1) You must comply with each emission limitation, each work practice standard specified in paragraphs § 63.8192(a) through (f) or each work practice standard in paragraphs § 63.8192(e) through (g), and with each recordkeeping and reporting requirement in this subpart that applies to you by December 19, 2006, except as specified in paragraphs (a)(2) through (5) of this section.
(2) You must comply with each work practice standard in § 63.8192(a) through (c) and (e) through (h) and the electronic reporting requirements in § 63.8232(g), § 63.8252(g), and § 63.8254(e) by November 7, 2022.
(3) Until November 7, 2022, you must comply with the requirements in § 63.8226(a) and the requirements specified in the startup, shutdown, and malfunction plan required at § 63.8226(b).
(4) On and after November 7, 2022, you must comply with the applicable requirements in paragraph § 63.8226(c).
(5) On and after May 6, 2025, you must comply with the emission limitations in § 63.8190(a)(2)(ii) and the notification requirement in § 63.8252(h).
(b) If you have a new or reconstructed mercury recovery facility and its initial startup date is on or before December 19, 2003, you must comply with each emission limitation, work practice standard, and recordkeeping and reporting requirement in this subpart that applies to you by December 19, 2003.
(c) If you have a new or reconstructed mercury recovery facility and its initial startup date is after December 19, 2003, you must comply with each emission limitation, work practice standard, and recordkeeping and reporting requirement in this subpart that applies to you upon initial startup.
(d) You must meet the notification and schedule requirements in § 63.8252. Several of these notifications must be submitted before the compliance date for your affected source(s).
[68 FR 70928, Dec. 19, 2003, as amended at 87 FR 27019, May 6, 2022]